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2018 Supreme(Online)(KER) 67039

HIGH COURT OF KERALA
K.HARILAL, A.M.BABU, JJ
SREEDHARNAN SO VELLAN – Appellant
Versus
K V USHA – Respondent


JUDGMENT

K.Harilal, J.

The appellants are the respondents in OP 111/2007 on the files of the Family Court, Kozhikode. The first appellant is the husband of the respondent and the appellants 2 and 3 are the brother and mother of the first appellant. The aforesaid original petition was filed by the respondent herein for a decree granting damages to the respondent. (The parties are referred to as in the original petition). According to the averments in the original petition, the first respondent is a mentally retarded person and he is incapable of leading a normal married life. The respondents have obtained consent of the petitioner for the marriage with the first respondent by suppressing the said fact of mental retardation and disorder. The respondents were aware of the real mental condition of the first respondent. Had the petitioner been aware of the actual mental condition of the first respondent, she would not have given consent for the marriage. Thus, the respondents have played and practised fraud on the petitioner and obtained her consent for marriage by wilfully suppressing the real state of affairs regarding the mental capacity of the first respondent. According to the peti

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